Fri, 09 Dec 2005

Discrimination in workplace banned

Tb. Arie Rukmantara, The Jakarta Post, Jakarta

All Indonesians will soon enjoy equal opportunities as regards employment recruitment and placement, and in the remuneration they receive, regardless of gender, religion, race, ethnic group, political affiliation or social status ... on paper at least.

The government, labor unions, employers associations and the International Labor Organization (ILO) jointly launched Equal Employment Opportunity (EEO) directives on Thursday that are designed to ensure that firms eschew discrimination in the workplace.

The directives, composed of seven chapters made up of a total of 48 pages, say that firms should recruit, select, place and compensate their workers based solely on competence, talent and expertise.

The employers are also required to provide equal pay for work of equal value, and to set transparent wage structures and scales so as to ensure that this is done.

"Different treatment in terms of wages and allowances between male and female workers is prohibited," the directives say.

Newly appointed Minister of Manpower and Transmigration Erman Suparno said the directives were designed to give effect to articles 5 and 6 of the Manpower Law (No. 13/2003), which stipulates that all workers must be treated in a non- discriminatory manner.

"Recruitment and placement should be undertaken in an objective, transparent, fair and equitable manner," he said in a written statement read out by the ministry's secretary-general, Harry Heriawan Saleh, at the launch of the directives at the manpower ministry.

The minister said that an EEO Task Force set up by his predecessor as minister, Fahmi Idris, had formulated the directives in collaboration with the Indonesian Employers Association (APINDO) and three labor union confederations -- the Indonesian Labor Union Confederation (KSPSI), Indonesian Trade Union Congress (KSPI), and the Confederation of Indonesian Prosperity Trade Unions (KSBSI).

The directives were also drafted in response to the ratification of ILO Conventions No. 100 on equal remuneration and No. 111 on discrimination (employment and occupation), the minister said.

ILO Indonesia Country Deputy Director Peter Rademaker welcomed the adoption of the EEO directives.

"Equal opportunity is important ... The directives have shown the willingness of Indonesia to have workplace rules, policies, practices and behavior that are fair and do not disadvantage people because they belong to particular groups," he said.

APINDO secretary-general, Djimanto, said employers should support the directives as they would also be beneficial to employers.

Meanwhile, KSPSI chairman and former minister of manpower and transmigration, Jacob Nuwa Wea, stressed that the government should actively promote the directives to make sure that employers and workers across the nation fully understood what they stood for.

EEO Task Force chairman Lumban Gaol said the ministry would monitor the implementation of the directives and formulate incentives to encourage compliance.

"Those who comply will be rewarded, while those who don't will be punished," he said, adding that under the prevailing manpower legislation, the firms could face administrative sanctions, fines or criminal charges.